A Philosophy of Evidence Law
Justice in the Search for Truth
(Sprache: Englisch)
This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must...
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This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
Klappentext zu „A Philosophy of Evidence Law “
The dominant approach to evaluating the law on evidence and proof focuses on how the trial system should be structured to guard against error. This book argues instead that complex and intertwining moral and epistemic considerations come into view when departing from the standpoint of a detached observer and taking the perspective of the person responsible for making findings of fact. Ho contends that it is only by exploring the nature and content of deliberative responsibility that the role and purpose of much of the law can be fully understood. In many cases, values other than truth have to be respected, not simply as side-constraints, but as values which are internal to the nature and purpose of the trial. A party does not merely have a right that the substantive law be correctly applied to objectively true findings of fact, and a right to have the case tried under rationally structured rules. The party has, more broadly, a right to a just verdict, where justice must be understood to incorporate a moral evaluation of the process which led to the outcome. Ho argues that there is an important sense in which truth and justice are not opposing considerations; rather, principles of one kind reinforce demands of the other. This book argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
Inhaltsverzeichnis zu „A Philosophy of Evidence Law “
- 1: Fact-Finding
- 2: Truth, Justice, and Justification
- 3: Epistemology of Legal Fact-Finding
- 4: Standard of Proof
- 5: Hearsay
- 6: Similar Fact Evidence
Autoren-Porträt von H. L. Ho
Ho Hock Lai is Associate Professor in the Faculty of Law of the National University of Singapore.Bibliographische Angaben
- Autor: H. L. Ho
- 2008, 368 Seiten, Maße: 24,2 cm, Gebunden, Englisch
- Verlag: Oxford University Press
- ISBN-10: 0199228302
- ISBN-13: 9780199228300
- Erscheinungsdatum: 31.03.2008
Sprache:
Englisch
Pressezitat
Ho's book A Philosophy of Evidence Law is an important contribution to this emerging body of literature at the interface between evidence scholarship and philosophy. This monograph is an excellent exemplar of this kind of interdisciplinary work, as it combines a deep understanding of the law of evidence with rigorous philosophical analysis, and it succeeds in showing the relevance of abstract theory to the detailed study of evidence rules and legal problems. The book is also to be commended for its breath of analysis, for it examines evidence rules of both criminal and civil law in several common law jurisdictions, with a foray into international law and continental law. Amaya, Amalia (2009) "The Ethics of Trial Deliberation: Moral Agency in Legal Fact-Finding," International Commentary on Evidence: Vol. 7 : Iss. 2, Article 2
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